- (1.) Heard the learned Counsel for the petitioner and the learned Counsel for the opposite party.
(2.) The petitioner has filed the instant revision application against the order dated 24.2.2010 passed by Sri Harikesh Chand, the Principal Judge, Family Court, Palamau in Misc. Case No. 76 of 2007 whereby the petitioner is directed to pay a sum of Rs. 1500/- as maintenance allowance to the opposite party No. 2 Monima Khatoon from the date of filing of the case i.e. 30.7.2007. He is further directed to pay the said maintenance allowance on or before 10th of every succeeding month. The arrears of the maintenance allowance shall be paid by the Opp. Party No. 2 to the petitioner in six equal installments, within a period of six months from the date of this order.
(3.) The facts, in brief, is that the applicant opposite party who is the wife of the petitioner filed an application before the Principal Judge, Family Court, Palamau at Daltonganj under Section 125 Cr.P.C. against her husband for grant of maintenance which was registered as Misc. Case No. 76 of 2007. The case of the applicant opposite party that she was married with the present petitioner on 5th May 2002 according to Muslim religion, (sic) and customs and after marriage, she went to her Shasural where she started her conjugal life peacefully. But after six months of their marriage, her husband (the petitioner) along with his family members started demanding dowry, a cash of Rs. one lakh and Hiro Honda Motorcycle. As the demand was not fulfilled, they started torturing the applicant opposite party and ultimately, droved her from-their house. Her further case is that she is living in her mother's house for the last few years and she has no source of income. Her husband though claimed to be divorced her but no Tallak was given to her in her presence. Her further case is that Panchayaty was also held in this regard but the petitioner did not care to follow the decision of the Panchayat. Her husband is Raj Mistry and he earns Rs. 10-15 thousand per month. Moreover, he has got landed property from which he also earns Rs. one lakh per annum.;